Voice of Justice Network News (Tang Chengming and Liu Ruiting of Yongji Court) "Ride my beloved motorcycle, it will never be stuck in traffic..." These are the lyrics of the song "Wild Motorcycle". During the morning and evening rush hours, the road congestion is serious, and som

Voice of Justice Network News (Tang Chengming and Liu Ruiting of Yongji Court) "Ride my beloved little motorcycle, it will never be stuck in traffic..." These are the lyrics of the song "Wild Motorcycle". During the morning and evening rush hours, the road congestion is serious, and some people Choosing to travel by motorcycle is indeed a good choice. But no matter what kind of transportation people choose, as long as they drive on the road, they must obey the traffic rules, otherwise an accident will be regrettable. Recently, the Yongji County People's Court concluded a traffic accident case caused by illegal driving on a motorcycle.

On June 8, 2021, Li Moumou, who lives in Guanjia Village, Kouqian Town, had a damaged agricultural vehicle at home. Because he could not repair it, he drove his motorcycle to the west of Kouqian Town and asked a car repairman to come to his house. While repairing an agricultural machinery vehicle, Li Moumou and the repairman were driving to the left in front of an agricultural machinery store and changing lanes, they collided with a small car driven by Cong Moumou who was traveling in the fast lane in the same direction. Because Li changed lanes illegally, the traffic management brigade of the Yongji County Public Security Bureau determined that Li was fully responsible for the accident and Cong was not responsible. Both Li Moumou and the car repairman were injured. Li Moumou was hospitalized in the county hospital that day for a total of 4 days. Li Moumou's discharge diagnosis was head trauma, facial trauma, neck trauma, chest trauma, and multiple soft tissue injuries on the left limb. After being discharged from the hospital, Li Moumou sued Cong Moumou and an insurance company to the court, demanding compensation for his medical expenses, nursing expenses, hospitalization food subsidy, and lost work expenses, totaling 8,479.56 yuan.

During the court hearing, an insurance company stated that Cong’s vehicle was indeed insured by its insurance company with compulsory traffic insurance and third-party liability insurance (insurance amount of 1 million yuan), excluding deductible insurance, and the accident occurred during the insurance period. Because Cong had no liability in this accident, the insurance company agreed to bear compensation liability within the no-liability limit of the compulsory traffic insurance. As a result of this accident, Li Moumou and the car repairman were injured. Their losses should be compensated proportionally within the no-liability compensation limit of the traffic accident insurance. Finally, after trial by the court, the insurance company was ordered to compensate Li 543.24 yuan within the medical expense compensation limit of the compulsory motor vehicle traffic accident liability insurance, and 3950.58 yuan within the liability-free death and disability compensation limit, for a total of 4493.82 yuan.

Legal article link : Article 76, paragraph 1, item 1 of the "Road Traffic Safety Law of the People's Republic of China" stipulates: "If a motor vehicle causes a traffic accident that causes personal casualties or property losses, the insurance company shall pay the third party liability of the motor vehicle." Compensation shall be made within the liability limit of the compulsory liability insurance; the remaining part shall be liable for compensation in accordance with the following provisions: If a traffic accident occurs between motor vehicles, the party at fault shall bear the liability for compensation; if both parties are at fault, the liability shall be borne according to the amount of their respective faults. Proportional sharing of responsibility.”

Editor: Zhengfeng